On Point: G. Reasonable suspicion

court of appeals decision (1-judge, ineligible for publication); case activity

State v. Andrew Wheaton, 2012AP173-CR

Reasonable Suspicion – OWI

Presence of the following factors establish reasonable suspicion to stop Wheaton for impaired driving:

¶23      The State points to the following as factors that produced an objectively reasonable suspicion of impaired driving at the time of the stop:  (1) Wheaton was driving at 3:05 a.m.,

State v. Randall Lee Sugden, 2012AP408-CR, District 4, 10/15/12

court of appeals decision (1-judge, ineligible for publication); case activity

Arrest in Richland County by a Sauk County deputy sheriff was justified under the fresh pursuit doctrine, § 175.40(2). State v. Haynes, 2001 WI App 266, 248 Wis. 2d 724, 638 N.W.2d 82, discussed and applied:

¶12      Applying Haynes to the facts of this case,

State v. Jan P. Hogan, 2012AP966-CR, District 4, 10/25/12

court of appeals decision (1-judge, ineligible for publication); case activity

Reasonable suspicion supported stop of car displaying “dealer imitation” plate (i.e., failing to display permanent or temporary plate in violation of § 341.04(1)). State v. Griffin, 183 Wis. 2d 327, 333, 515 N.W.2d 535 (Ct. App. 1994) (OK to stop car with “license applied for”

State v. Terry E. Nelson, 2012AP1418-CR, District 3, 10/23/12

court of appeals decision (1-judge, ineligible for publication); case activity

Reasonable suspicion supported stop of vehicle pulling out of driveway of house from which, shortly before, someone had called 911 but then hung up. United States v. Cohen, 481 F.3d 896 (6th Cir. 2007) (“the virtually complete lack of information conveyed by the silent 911 hang-up call and the total absence of corroborating evidence indicating that criminal activity was afoot requires us to give the 911 hang-up call little weight in evaluating the totality of the circumstances”),

City of Sheboygan v. Herbert Binkowsky, 2012AP974, District 2, 10/17/12

court of appeals decision (1-judge, ineligible for publication); case activity

An anonymous call to the police, reporting the commission of domestic violence by a suspect who drove away in a red Cadillac with an identified plate number, was sufficiently corroborated to support a stop of a car matching the description.

¶13      “[I]f a tip contains strong indicia of an informant’s basis of knowledge,

State v. Pamela L. Hammersley, 2012AP1131-CR, District 2, 9/26/12

court of appeals decision (1-judge, ineligible for publication); case activity

Stop of vehicle, assertedly for violating local trespassing ordinance, held not supportable:

¶3        It is settled law that a stop cannot be based on an officer’s mistaken understanding of the law.  State v. Longcore, 226 Wis. 2d 1, 3-4, 594 N.W.2d 412 (Ct.

State v. Timothy W. Bastian, 2012AP793-CR, District 3, 9/25/12

court of appeals decision (1-judge, ineligible for publication); case activity

 The court holds, without resolving the issue of whether reasonable suspicion sufficed, that probable cause supported Bastian’s traffic stop for inattentive driving, given “the circuit court’s factual determination that Bastian was ‘looking towards the passenger seat’”:

¶10      Wisconsin Stat. § 346.89, titled “Inattentive driving,” provides in relevant part:  “No person while driving a motor vehicle shall be so engaged or occupied as to interfere with the safe driving of such vehicle.”  Wis.

State v. William R. Hartman, 2011AP622, District 4, 9/20/12

court of appeals decision (1-judge, ineligible for publication); case activity

OWI – Refusal Hearing – Raising Challenge to Lawfulness of Stop

Refusal hearing supports litigation of lawfulness of stop; State v. Anagnos, 2012 WI 64, ¶42, 341 Wis. 2d 576, 815 N.W.2d 675, followed:

 ¶14      Accordingly, we reject the State’s contention that Hartman improperly raised the issue of reasonable suspicion at the refusal hearing.   

Village of Menomonee Falls v. Timothy E. Rotruck, 2012AP1024-FT, District 2, 9/1, District 2, 9/19/12

court of appeals decision (1-judge, ineligible for publication); case activity

Concededly proper traffic stop; after citations issued, officer sought and obtained consent to search vehicle, resulting in seizure of contraband – court concludes that, under the circumstances, traffic stop had clearly ended thus consent wasn’t product of an unnecessarily prolonged (therefore illegal) detention.

State v. Carl Rissley, 2012 WI App 112 (recommended for publication); case activity 

Reasonable suspicion supported Terry stop to investigate possible crime. Homeowner called police to report early-morning confrontation with possible trespasser, who then took flight in van at high rate of speed, and officer stopped vehicle matching description within five minutes of report:

¶13      All of this occurred just before 3:00 a.m.  When a citizen is confronted in his driveway by an unknown stranger at this time in the morning,